The Impact of Mandatory Supervised Release (MSR) Violators & Time Served on IDOC’s Population David E. Olson, Ph.D. & Donald Stemen, Ph.D. Department of Criminal Justice & Criminology Loyola University Chicago Presented to the Illinois Sentencing Policy Advisory Council Chicago, Illinois December 1, 2011

Outline Mandatory Supervised Release (MSR, or “parole”) violator admissions to the Illinois Department of Corrections –General trends between SFY 1989 and 2011 –Impact on admissions, exits & population –Implications for policy & practice –Planned analyses over next few months Impact of Time Served/to Serve on IDOC population –Trends between SFY 1989 and 2011 –Implications of jail credits, good-time credits, meritorious/supplemental good time (MGT/SMGT) credits, earned time credits, & truth-in-sentencing –Planned analyses over next few months

Illinois Statutory Prison Sentence & Mandatory Supervised Release (MSR) Lengths, by Fel. Class Crime ClassPrison +MSR Murder yrs, up to Life 3 years Class X felony 6-30 yrs 3 years Class 1 felony 4-15 yrs 2 years Class 2 felony 3-7 yrs 2 years Class 3 felony 2-5 yrs 1 year Class 4 felony 1-3 yrs 1 year * Some sex offenders can be placed on lifetime supervision. **Those released after serving a sentence for domestic battery, stalking or violating an order of protection are required to have MSR terms of 4 years (730 ILCS, 5/5-8-1(d)(6)

Readmission of those on MSR to IDOC Technical MSR Violators –Based on violations of MSR conditions, including new arrest, EM violations, or a combination of AWOL, treatment non-compliance, positive urinalysis, etc. –Varying levels of discretion as to how technical violations are handled IDOC policy & legislative mandates –Matrix used by Parole Division of IDOC balances severity of violation with sanctions imposed New Sentence MSR Violators –Court decision based on new conviction for new offense, but potentially influenced by how new arrests are responded to by Parole Division

Fluctuations in the number & rate of MSR Technical Violators returned can be due to … Changes in number of people on MSR Changes in staffing of IDOC’s Parole Division Changes in probability of those on MSR to be rearrested for a new crime (police crackdowns or changes in police practice/policy); Changes in the number & nature of MSR conditions (treatment, EM, urinalysis, etc); Changes in IDOC policy regarding how purely technical violations are handled; Changes in Illinois law regarding when IDOC must issue warrant/return as violator due to new arrest

Readmission of those on MSR to IDOC Technical MSR Violators –Violates the conditions of MSR new arrest, EM violations, or a combination of AWOL, treatment non-compliance, positive urinalysis, etc. –Depending on severity of violation or legislative requirement, parole officer issues warrant for return to IDOC as a violator or increases requirements of releasee Returned to IDOC (readmitted as MSR violator) Case reviewed by Prisoner Review Board Can remain in IDOC for up to remaining duration of MSR, minus day-for-day good time Released from IDOC to serve remaining MSR time, or released outright (“discharged”) if held until end of MSR period

Trends in the MSR Population and Number of Parole Agents in Illinois, by State Fiscal Year Source: Analyses of IDOC data by Olson & Stemen Doubling of number of individuals on MSR Caseloads averaged ~400

Trends in Re-Admissions of Those on MSR to IDOC, by Type & SFY Source: Analyses of IDOC data by Olson & Stemen Moderate inverse correlation (-.42 to -.45) Layoffs of parole agents

Sample of MSR Technical Violators Examined by IDOC Week of 8/29/11 to 9/4/11 Total of 267 returned to IDOC as technical MSR violators –New offense/arrest (130) (49% of total) –Purely technical (PT) (137) (51% of total) “Gate violator” (89—65% of PT, 33% of total) EM violator (38—27% of PT, 10% of total) Other violators (10—7% of PT, 4% of total) Analyses performed by Sharon Shipinski, Ph.D., IDOC Parole Division

Impact of Technical MSR Violators on IDOC Admissions, Exits and Year-End Population Source: Analyses of IDOC data by Olson & Stemen

Technical MSR Violators as a Percent of Illinois’ Adult Prison Admissions, Exits & Population Source: Analyses of IDOC data by Olson & Stemen

Technical MSR Violators Released from IDOC, by Felony Class Source: Analyses of IDOC data by Olson & Stemen

Length of Stay & Mechanism of Release The maximum amount of time those returned to IDOC as technical MSR violators can be held is the remaining time on their MSR, minus day-for-day good conduct credit (if eligible) –If 1 year of MSR and returned after 6 months, can be held up to 3 months (remaining 6 months minus 3 months of day-for-day good conduct credit) If held in IDOC until the end of their MSR (i.e., the maximum amount of time), they must be released and discharge from IDOC custody (i.e., are not supervised on MSR upon their release) If released before end of their MSR, they are released back onto MSR for the remaining time.

Trends in the Median Length of Stay in IDOC Among Released Technical MSR Violators Source: Analyses of IDOC data by Olson & Stemen

Trends in Median Length of Stay for Released Technical MSR Violators, Murder & Class X vs Class 3 & 4 Source: Analyses of IDOC data by Olson & Stemen Median Number of Days Class 3 & 4 Felonies

Trends in Types of Release Among Technical MSR Violators Exiting Source: Analyses of IDOC data by Olson & Stemen

Percent of Technical MSR Violator Exits, by Type of Release Source: Analyses of IDOC data by Olson & Stemen

Percent of Technical MSR Violator Exiting to MSR, by Felony Class Source: Analyses of IDOC data by Olson & Stemen

Technical MSR Violators as a Proportion of Total Admissions, Exits & Population Since the late 1990s, technical MSR violators have accounted for an increasing proportion of IDOC admissions, exits and end-of-the-year population –Although technical MSR violators account for a relatively large proportion of admissions (34% in SFY 2011), they also account for a large proportion of releases (32% in SFY 2011), have much shorter lengths of stay than court sentenced inmates, and therefore account for a relatively small proportion of the total population (11% in SFY 2011)

Technical MSR Violators Relatively wide fluctuations in the length of stay for technical MSR violators returned to IDOC were seen during the period examined, overall and across different felony classes; Fluctuations in the proportion of technical MSR violators released back onto MSR/discharged overall and across felony classes; –The majority of Class 1 through 4 felons released after being returned on technical MSR violations during the period examined were discharged (i.e., not subject to MSR)

Next Steps in Looking at Technical MSR Violators Work with IDOC to select another representative sample of technical MSR violators returned to IDOC and examine in more detail the timing and reasons for their return –Legislatively required, IDOC policy, discretionary Review existing public documents, and conduct interviews with IDOC staff, to identify shifts in policy and practice that may explain changes in the number/rate of MSR technical violators returned to IDOC & time served.

Drivers of the Correctional Population Changes in admissions –SPAC has concluded part of this has been due to changes in crime and arrest patterns in Illinois; Increased arrests & admissions for drug & violent crimes in during 1990s –SPAC has concluded part of this has been an increased proportion of convicted felons receiving prison sentences –SPAC has concluded part of this has been due to an increasing proportion of the IDOC population accounting for non-probationable offenses; –Changes in the admissions of MSR violators and length of time served for violations;

Drivers of the Correctional Population (Cont) Changes in time served/exits –SPAC has concluded that the time served for those released from prison for serious offenses has increased; –Possible changes in lengths of sentences imposed by the courts; –Possible changes in the amount of jail credit received towards prison sentences; –Possible changes in the awarding of various good conduct credits MGT, SMGT, EGCC –Possible changes in the proportion of sentences that must be served (i.e., TIS)

Growth in Illinois’ Adult Prison Population Source: Analyses of IDOC data by Olson & Stemen

Violent Offense Court Admissions: Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Violent Offenses: Percent of Total Court Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Average Sentence Length & Time Served in IDOC by Inmates Released After Court Admissions for Violent Offenses Source: Analyses of IDOC data by Olson & Stemen

Percent of Sentence Served in IDOC by Inmates Released After Court Admissions for Violent Offenses Source: Analyses of IDOC data by Olson & Stemen

Class X Felony Court Admissions: Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Class X Felony Court Admissions: Percent of Total Court Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Average Sentence Length & Time Served in IDOC by Inmates Released After Court Admissions for Class X Felonies Source: Analyses of IDOC data by Olson & Stemen Average Years

Percent of Sentence Served in IDOC by Inmates Released After Court Admissions for Class X Felonies Source: Analyses of IDOC data by Olson & Stemen

Class 4 Court Admissions: Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Class 4 Court Admissions: Percent of Total Court Admissions, Exits and End of Year Population Source: Analyses of IDOC data by Olson & Stemen

Average Sentence Length & Time Served in IDOC by Inmates Released After Court Admissions for Class 4 Felonies Source: Analyses of IDOC data by Olson & Stemen

Percent of Sentence Served in IDOC by Inmates Released After Court Admissions for Class 4 Felonies Source: Analyses of IDOC data by Olson & Stemen

Sentences & Time Served For most serious felony classes (i.e, Class X), appears that sentence lengths have increased, and time served in IDOC has increased even more, resulting in a larger proportion of the sentence being served in IDOC. –Low number & proportion of overall admissions & exits, but high number & proportion of population For the less serious felony classes (i.e., Class 4), appears that sentence lengths have remained stable, and time served in IDOC has also remained stable, resulting in a similar proportion of the sentence being served in IDOC. –High number & proportion of overall admissions & exits, but small number & proportion of population

Next Steps: Factors that will be examined closer to better understand drivers Impact of Truth-in-Sentencing –Although only 6% of admissions in 2011 were subject to TIS, 23% of population on June 30, 2011 was subject to TIS –TIS has increased the time served/time to serve Impact of Earned Good Conduct Credit –Of the 20,113 sentenced inmates released in SFY 2011, approximately 10,000 were eligible for EGCC, and only 3,132 earned 30 days or more credit. Still, this reduced time served collectively by 923 years

Next Steps: Factors that will be examined closer to better understand drivers (cont) Impact of Jail Time Credits –Amount of pre-trial jail time credited towards sentences have increased, and the directly reduces the time served in IDOC –Impact varies by felony class and crime, as well as by region of Illinois where sentence is imposed Impact of Meritorious Good Time (MGT) & Supplemental Meritorious Good Time (SMGT) Credits –Over the past 15 years, the use and suspension of these credits have impacted time served and populations

Next Steps: Factors that will be examined closer to better understand drivers (cont) Review existing national data, data from similar states, on time served/projected time to serve for specific types of offenses Review existing national information, information from similar states, on policies related to TIS, EGCC, Jail credits, and MGT/SMGT